Common use of Investment of Amounts in the Xxxx XXX Clause in Contracts

Investment of Amounts in the Xxxx XXX. You have exclusive responsibility for and control over the investment of the assets of your Xxxx XXX. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreement. After your death, your beneficiaries will have the right to direct the investment of your Xxxx XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement (including, without limitation, Section 9.03 of this article). We will have no discretion to direct any investment in your Xxxx XXX. We assume no responsibility for rendering investment advice with respect to your Xxxx XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your Xxxx XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will have the right to hold any uninvested amounts in cash, and we will have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your Xxxx XXX unless you provide timely written directions acceptable to us. You will select the investment for your Xxxx XXX assets from those investments that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact offer for Xxxx IRAs (e.g., term share accounts, passbook accounts, certificates of deposit, money market accounts.) We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we are capable of holding in the ordinary course of our business.

Investment of Amounts in the Xxxx XXX. You have exclusive responsibility for and control over the investment of the assets of your Xxxx XXX. All transactions will shall be subject to any and all restrictions or limitations, direct or indirect, that which are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreementAgreement. After your death, your beneficiaries will beneficiary(ies) shall have the right to direct the investment of your Xxxx XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement Agreement (including, without limitation, Section 9.03 of this article). The right to direct investment of assets may be restricted, however, as provided in Section 9.06. We will shall have no discretion to direct any investment in your Xxxx XXX. We assume no responsibility for rendering investment advice with respect to your Xxxx XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your Xxxx XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will shall have the right to hold any uninvested amounts in cash, and we will shall have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your Xxxx XXX unless you or your agent provide timely written directions acceptable to us. You will select the type of investment for your Xxxx XXX assets from those assets, provided, however, that your selection of investments shall be limited to any investment vehicle obtainable by us, that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact fact, in our sole discretion offer for investment in Xxxx IRAs (e.g.IRAs. For example, term share accountsinvestments may include but shall not be limited to common stocks, passbook accountsgovernment and corporate bonds, certificates mutual funds, the purchase of depositput options on existing positions and writing of covered listed call options and such other options strategies that we may, money market accounts.) We may from time to time, in our sole discretion make available for Xxxx IRAs and which strategies are approved for your account by your broker and/or investment advisor. Investments not generating confirmations must be accompanied by additional written instructions and such other documentation as we may, in our sole discretion, require. We shall act as a stockbroker or dealer whenever such services are required. We may, in our sole discretion, make available to you you, additional investment offerings, which will shall be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we, in our sole discretion, determine that we are capable of holding in the ordinary course of our business.. We shall have the power and authority in the administration of this Agreement to do all acts, including by way of illustration but not in limitation of the powers conferred by law, the following:

Investment of Amounts in the Xxxx XXX. You have exclusive responsibility for and control over the investment of the assets of your Xxxx XXX. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreement. After your death, your beneficiaries will have the right to direct the investment of your Xxxx XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement (including, without limitation, Section 9.03 of this article). We will have no discretion to direct any investment in your Xxxx XXX. We assume no responsibility for rendering investment advice with respect to your Xxxx XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your Xxxx XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will have the right to hold any uninvested amounts in cash, and we will have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your Xxxx XXX unless you provide timely written directions acceptable to us. You will select the investment for your Xxxx XXX assets from those investments that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact offer for Xxxx IRAs (e.g., term share accounts, passbook accounts, certificates of deposit, money market accounts.) We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we are capable of holding in the ordinary course of our business. We shall retain in cash so much of the custodial account as you or your Investment Advisor directs or until other instructions are received and we are authorized to place such cash held in the custodial account in an interest‐bearing instrument or money market fund as determined appropriate in our sole discretion.

Investment of Amounts in the Xxxx XXX. You have exclusive responsibility for and control over the investment of the assets of your Xxxx XXX. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreement. After your death, your beneficiaries will have the right to direct the investment of your Xxxx XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement (including, without limitation, Section 9.03 of this article). We will have no discretion to direct any investment in your Xxxx XXX. We assume no responsibility for rendering investment advice with respect to your Xxxx XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your Xxxx XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will have the right to hold any uninvested amounts in cash, and we will have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your Xxxx XXX unless you provide timely written directions acceptable to us. You will select the investment for your Xxxx XXX assets from those investments that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact offer for Xxxx IRAs (e.g., term share accounts, passbook accounts, certificates of deposit, money market accounts.) We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we are capable of holding in the ordinary course of our business.)

Investment of Amounts in the Xxxx XXX. You have exclusive responsibility for and control over the investment of the assets of your Xxxx XXX. All transactions will shall be subject to any and all restrictions or limitations, direct or indirect, that which are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreementAgreement. After your death, your beneficiaries will beneficiary(ies) shall have the right to direct the investment of your Xxxx XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement Agreement (including, without limitation, Section 9.03 of this article). The right to direct investment of assets may be restricted, however, as provided in Section 9.06. We will shall have no discretion to direct any investment in your Xxxx XXX. We assume no responsibility for rendering investment advice with respect to your Xxxx XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your Xxxx XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will shall have the right to hold any uninvested amounts in cash, and we will shall have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your Xxxx XXX unless you or your agent provide timely written directions acceptable to us. You will select the type of investment for your Xxxx XXX assets from those assets, provided, however, that your selection of investments shall be limited to any investment vehicle approved and obtainable by us, that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact fact, in our sole discretion offer for investment in Xxxx IRAs (e.g.IRAs. For example, term share accountsinvestments may include but shall not be limited to common stocks, passbook accountsgovernment and corporate bonds, certificates mutual funds, the purchase of depositput options on existing positions and writing of covered listed call options and such other options strategies that we may, money market accounts.) We may from time to time, in our sole discretion make available for Xxxx IRAs and which strategies are approved for your account by your broker. Investments not generating confirmations must be accompanied by additional written instructions and such other documentation as we may, in our sole discretion, require. We shall act as a stockbroker or dealer whenever such services are required. We may, in our sole discretion, make available to you you, additional investment offerings, which will shall be limited to publicly traded securities, mutual funds, money market instruments, instruments and other investments that are approved and obtainable by us and that we, in our sole discretion, determine that we are capable of holding in the ordinary course of our business.. We shall have the power and authority in the administration of this Agreement to do all acts, including by way of illustration but not in limitation of the powers conferred by law, the following:

Investment of Amounts in the Xxxx XXX. You have exclusive responsibility for and control over the investment of the assets of your Xxxx XXX. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreement. After your death, your beneficiaries will have the right to direct the investment of your Xxxx XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement (including, without limitation, Section 9.03 of this article). We will have no discretion to direct any investment in your Xxxx XXX. We assume no responsibility for rendering investment advice with respect to your Xxxx XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your Xxxx XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will have the right to hold any uninvested amounts in cash, and we will have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your Xxxx XXX unless you provide timely written directions acceptable to us. You will select the investment for your Xxxx XXX assets from those investments that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact offer for Xxxx IRAs (e.g., term share accounts, passbook accounts, certificates of deposit, money market accounts.) We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we are capable of holding in the ordinary course of our business. We shall retain in cash so much of the custodial account as you or your Investment Advisor directs or until other instructions are received and we are authorized to place such cash held in the custodial account in an interest-bearing instrument or money market fund as determined appropriate in our sole discretion.

Investment of Amounts in the Xxxx XXX. You have exclusive responsibility for and control over the investment of the assets of your Xxxx XXX. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs customs, and usages of any exchange, market mar- ket, or clearing house where the transaction is executed; our policies and practices; and this agreement. After your death, your beneficiaries will have the right to direct the investment of your Xxxx XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement (includingin- cluding, without limitation, Section 9.03 of this article). We will have no discretion to direct any investment in your Xxxx XXX. We assume no responsibility for rendering investment advice with respect to your Xxxx XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your Xxxx XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will have the right to hold any uninvested amounts in cash, and we will have no responsibility responsi- bility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your Xxxx XXX unless you provide timely written directions acceptable to us. You will select the investment for your Xxxx XXX assets from those investments that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact offer for Xxxx IRAs (e.g., term share accounts, passbook accounts, certificates of deposit, money market accounts.) We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual mu- tual funds, money market instruments, and other investments that are obtainable by us and that we are capable of holding in the ordinary course of our business. You authorize the deposit or investment of cash balances in the account in CDs and other deposits issued by Stifel Bank & Trust, Stifel Bank, Stifel Trust Company, N.A., or any other Stifel-affiliated Bank available, which will bear a reasonable rate of interest as required by 29 C.F.R. Section 2550.408b-4(b)(2).

Investment of Amounts in the Xxxx XXX. You have exclusive responsibility for and control over the investment of the assets of your Xxxx XXX. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreement. After your death, your beneficiaries will have the right to direct the investment of your Xxxx XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement (including, without limitation, Section 9.03 of this article). We will have no discretion to direct any investment in your Xxxx XXX. We assume no responsibility for rendering investment advice with respect to your Xxxx XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your Xxxx XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will have the right to hold any uninvested amounts in cash, and we will have no responsibility to invest uninvested cash unless and until directed by you. We shall forward to you any FAM Funds notices, prospectuses, financial statements, proxies and proxy soliciting materials relating to the FAM Funds you hold in your Xxxx XXX. Except as provided below, we will not exercise the voting rights and other shareholder rights with respect to investments vote any FAM Funds shares held in your Xxxx XXX unless except in accordance with the written instructions you provide timely written directions acceptable give to us. However, in our sole discretion, we may vote, in any manner we deem appropriate, FAM Funds shares for which we do not receive written instructions from you. You will select the investment for your Xxxx XXX assets from those investments that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact offer for Xxxx IRAs (e.g., term share accounts, passbook accounts, certificates of deposit, money market accounts.) We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we are capable of holding in the ordinary course of our business.. Form 5305-RA under section 408A of the Internal Revenue Code. FORM (Rev. April 2017)

Investment of Amounts in the Xxxx XXX. You have exclusive responsibility for and control over the investment of the assets of your Xxxx XXX. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs customs, and usages of any exchange, market mar- ket, or clearing house where the transaction is executed; our policies and practices; and this agreement. After your death, your beneficiaries will have the right to direct the investment of your Xxxx XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement (includingin- XIX. Xxxx Individual Retirement Custodial Account Agreement cluding, without limitation, Section 9.03 of this article). We will have no discretion to direct any investment in your Xxxx XXX. We assume no responsibility for rendering investment advice with respect to your Xxxx XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your Xxxx XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will have the right to hold any uninvested amounts in cash, and we will have no responsibility responsi- bility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your Xxxx XXX unless you provide timely written directions acceptable to us. You will select the investment for your Xxxx XXX assets from those investments that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact offer for Xxxx IRAs (e.g., term share accounts, passbook accounts, certificates of deposit, money market accounts.) We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual mu- tual funds, money market instruments, and other investments that are obtainable by us and that we are capable of holding in the ordinary course of our business. You authorize the deposit or investment of cash balances in the account in CDs and other deposits issued by Stifel Bank & Trust, Stifel Bank, Stifel Trust Company, N.A., or any other Stifel-affiliated Bank available, which will bear a reasonable rate of interest as required by 29 C.F.R. Section 2550.408b-4(b)(2).

Investment of Amounts in the Xxxx XXX. You have exclusive responsibility for and control over the investment of the assets of your Xxxx XXX. All transactions will shall be subject to any and all restrictions or limitations, direct or indirect, that which are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreementAgreement. After your death, your beneficiaries will beneficiary(ies) shall have the right to direct the investment of your Xxxx XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement Agreement (including, without limitation, Section 9.03 of this article). We will shall have no discretion to direct any investment in your Xxxx XXX. We assume no responsibility for rendering investment advice with respect to your Xxxx XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your Xxxx XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will shall have the right to hold any uninvested amounts in cash, and we will shall have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your Xxxx XXX unless you provide timely written directions acceptable to us. You will select the type of investment for your Xxxx XXX assets from assets, provided, however, that your selection of investments shall be limited to those types of investments that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact offer for investment in Xxxx IRAs (e.g., term share accounts, passbook accounts, certificates of deposit, money market accountsIRAs.) We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we are capable of holding in the ordinary course of our business.

Investment of Amounts in the Xxxx XXX. You have exclusive responsibility for and control over the investment of the assets of your Xxxx XXX. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreement. You acknowledge that the Custodian does not make warranties or in any way represent that earnings of the account will be exempt from taxation, or that any rollover contribution will be excludable from gross income for tax purposes, or that you will be free of any penalty taxes you may incur as a result of your failure to comply with the laws and regulations applicable to Xxxx IRAs. After your death, your beneficiaries will have the right to direct the investment of your Xxxx XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement (including, without limitation, Section 9.03 of this article). We will have no discretion to direct any investment in your Xxxx XXX. We assume no responsibility for rendering investment advice with respect to your Xxxx XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your Xxxx XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will have the right to hold any uninvested amounts in cash, and we will have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your Xxxx XXX unless you provide timely written directions acceptable to us. However, as to any shares we have not received timely instructions in proper form from you (or the beneficiary following your death), we are hereby directed to, and shall, vote such shares as present for the purpose of establishing the presence of a quorum and, further vote such shares for or against any proposition in the same proportion as all shares of the designated investment company held in USAA Mutual Funds or Victory Funds Xxxx IRAs for which instructions in proper form have been timely received by the Custodian. You will select the investment for your Xxxx XXX assets from those investments that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact offer for Xxxx IRAs (e.g., term share accounts, passbook accounts, certificates of deposit, money market accounts.) We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we are capable of holding in the ordinary course of our business.

Investment of Amounts in the Xxxx XXX. You have exclusive responsibility for and control over the investment of the assets of your Xxxx XXX. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreement. After your death, your beneficiaries will have the right to direct the investment of your Xxxx XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement (including, without limitation, Section 9.03 of this article). We will have no discretion to direct any investment in your Xxxx XXX. We assume no responsibility for rendering investment advice with respect to your Xxxx XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your Xxxx XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will have the right to hold any uninvested amounts in cash, and we will have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your Xxxx XXX unless you provide timely written directions acceptable to us. You will select the investment for your Xxxx XXX assets from provided, however, that your selection of investments shall be limited to those types of investments that we are the Investment Company is authorized by our charter, articles of incorporation, or bylaws to offer and do does in fact offer for investment in Xxxx IRAs (e.g.IRAs. We shall reinvest all dividends or capital gains associated with the fund(s) into the same shares of fund(s) within your Xxxx XXX. We shall not have any responsibility over investment decisions with respect to the Xxxx XXX investments, term share accounts, passbook accounts, certificates of deposit, money market accountsnor shall we be held liable with respect to any losses that may occur on the account.) We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we are capable of holding in the ordinary course of our business.

Investment of Amounts in the Xxxx XXX. You have exclusive responsibility for and control over the investment of the assets of your Xxxx XXX. All transactions will shall be subject to any and all restrictions or limitations, direct or indirect, that which are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreementAgreement. After your death, your beneficiaries will beneficiary(ies) shall have the right to direct the investment of your Xxxx XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement Agreement (including, without limitation, Section 9.03 of this article). We will shall have no discretion to direct any investment in your Xxxx XXX. We assume no responsibility for rendering investment advice with respect to your Xxxx XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your Xxxx XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will shall have the right to hold any uninvested amounts in cash, and we will shall have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your Xxxx XXX unless you provide timely written directions acceptable to us. You will select the investment investments for your Xxxx XXX assets from assets, provided, however, that your selection of investments shall be limited to those types of investments that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact offer for investment in Xxxx IRAs (e.g.IRAs. We may, term share accounts, passbook accounts, certificates of deposit, money market accounts.) We may in our sole discretion discretion, make available to you you, additional investment offerings, which will shall be limited to publicly traded securities, mutual funds, money market instruments, instruments and other investments that are obtainable by to us and that we are capable of holding in the ordinary course of our business.

Investment of Amounts in the Xxxx XXX. You have exclusive responsibility for and control over the investment of the assets of your Xxxx XXX. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreement. After your death, your beneficiaries will have the right to direct the investment of your Xxxx XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement (including, without limitation, Section 9.03 of this article). We will have no discretion to direct any investment in your Xxxx XXX. We assume no responsibility for rendering investment advice with respect to your Xxxx XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your Xxxx XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will have the right to hold any uninvested amounts in cash, and we will have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your Xxxx XXX unless you provide timely written directions acceptable to us. You will select the investment for your Xxxx XXX assets from those investments that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact offer for Xxxx IRAs (e.g., term share accounts, passbook accounts, certificates of deposit, money market accounts.) IRAs. We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we are capable of holding in the ordinary course of our business. Depending on the investments you select, your IRA may owe income tax if your IRA generates $1,000 or more of "Unrelated Business Taxable Income" within the meaning of Section 512(a) of the Internal Revenue Code ("UBTI"). You agree you are solely responsible for determining if your IRA generates UBTI, is required to file IRS Form 990-T and, if necessary, for the proper and accurate preparation of IRS Form 990-T and any other documents that may be required. You agree to submit such form to us for filing with the IRS, at least 30 days prior to the date on which the return is due for such taxable year, including an appropriate payment directive authorizing us to pay the applicable UBTI from your IRA. We will then file the Form 990-T in accordance with your instructions. You agree to indemnify us from any claims that may arise relating to the Form 990-T, including the payment of tax, interest and penalties. You understand and acknowledge that, unless we receive IRS Form 990-T and a payment direction from you in a timely manner, we will assume that either (a) your IRA has not generated UBTI or (b) you have independently filed the Form 990-T for the applicable tax year. You agree, if your IRA holds assets that may generate UBTI, your IRA at all times will contain sufficient funds to pay the tax imposed on such UBTI, and, if your IRA at any time has insufficient funds, you will liquidate assets or contribute sufficient amounts to your IRA (even if your contribution constitutes an "excess contribution") to satisfy such amount. You further agree, to the extent funds are not available in your IRA, we are authorized to liquidate any investments in your IRA necessary to generate the funds needed to satisfy your tax obligation. The IRS requires estimated quarterly tax payments if your IRA’s annual tax liability exceeds certain thresholds. You are responsible for determining whether quarterly tax payments are required and directing us to make these payments on your behalf out of assets held in your IRA. We accept no responsible to make any tax payments for your IRA unless directed by you and then only out of assets held in your IRA and you agree to indemnify us for any such liability.

Investment of Amounts in the Xxxx XXX. You have exclusive responsibility for and control over the investment of the assets of your Xxxx XXX. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs customs, and usages of any exchange, market mar- ket, or clearing house where the transaction is executed; our policies and practices; and this agreement. After your death, your beneficiaries will have the right to direct the investment of your Xxxx XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement (includingin- cluding, without limitation, Section 9.03 of this article). We will have no discretion to direct any investment in your Xxxx XXX. We assume no responsibility for rendering investment advice with respect to your Xxxx XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your Xxxx XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will have the right to hold any uninvested amounts in cash, and we will have no responsibility responsi- bility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your Xxxx XXX unless you provide timely written directions acceptable to us. You will select the investment for your Xxxx XXX assets from those investments that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact offer for Xxxx IRAs (e.g., term share accounts, passbook accountsac- counts, certificates of deposit, money market accounts.) We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we are capable of holding in the ordinary course of our business.